Kathrada Foundation backs Landmark ConCourt ruling on asylum seekers, warns against xenophobia

The Ahmed Kathrada Foundation has applauded a landmark ruling from South Africa's Constitutional Court that overturned several provisions of the Refugees Act, hailing the decision as a triumph for human dignity, human rights, and the rule of law. On July 7, the court ruled that certain asylum-seeker provisions within the Refugees Act 130 of 1998 were unconstitutional, eliminating administrative barriers that had previously prevented some vulnerable individuals from applying for protection in the country.

The court's directive, signed on September 29 and implemented following the ruling, mandates refugee centers to accept applications from anyone seeking asylum. Previously, asylum seekers who entered the country via unofficial border posts, missed reporting deadlines, or lacked specific transit visas could be barred from applying for asylum unless they passed a "good cause" interview. The court has now deemed these requirements illegal.

According to the Kathrada Foundation, the ruling ensures that procedural errors or border-crossing technicalities cannot bar individuals from having their asylum claims fairly assessed before deportation decisions are made. Neeshan Balton, the foundation's executive director, stated in a strong statement that the judgment embodies the principles championed by Ahmed Kathrada.

Kathrada spent his life advocating for a South Africa founded on equality, justice, and the utmost respect for human rights, emphasizing that our freedom is incomplete without recognizing the shared humanity of all people, even those fleeing war and tyranny.

Balton also expressed concern over political criticism directed at the judiciary and the Department of Home Affairs following the ruling, warning that short-sighted attempts to undermine the integrity of the apex court for political gain pose a significant threat to the rule of law and constitutional democracy itself. While acknowledging concerns about the department's administrative capacity, Balton stressed that protecting asylum seekers' constitutional rights does not equate to uncontrolled migration.

Upholding constitutional protections for asylum seekers does not diminish South Africa's sovereign right to regulate immigration lawfully.

The foundation called on political parties, civic organizations, and communities to respect the judgment and avoid rhetoric that fuels fear, xenophobia, or division. They argued that the ruling reinforces South Africa's constitutional commitment to protecting vulnerable people. The government's immigration task team acknowledged unintended consequences following the Constitutional Court's asylum seeker-related ruling.

The interministerial committee on migration responded to recent waves of anti-illegal immigration sentiment by attempting to dispel the notion that the ruling grants unlimited access to asylum seekers. Minister Mmamoloko Kubayi stated that applications deemed fraudulent, abusive, or not meeting the Refugees Act requirements will still be rejected through the established legal process.